Jurors Kept In The Dark About Insurance

Nov 22, 2011

The best-kept secret during a personal injury jury trial is that the defendant, the person being sued may be insured. The evidence that is presented by either the plaintiff’s attorney or the defendant’s attorney is regulated by the California Evidence Code. A jury trial is conducted according to a set of rules. The Evidence Code sets forth the rules. “Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing.” [Evidence Code 1155]. The rationale behind this exclusionary rule about insurance is that if the jury learns that a defendant was insured for the accident that they may be more inclined to award a higher jury verdict against that defendant than if they mistakenly believe that the poor defendant is uninsured and he or she will have to pay off the verdict out of pocket. In fact, it is this Palm Springs and Palm Desert personal injury lawyer’s opinion that most jurors are very aware that personal injury cases that get to court involve defendants who were insured. The rule preventing jurors learning that defendants have insurance prevents the jury from deciding the case on the evidence about the cause of the auto accident and the injuries and economic losses suffered by the plaintiff. If the jurors are not told the truth about a defendant being insured that same jury may not reach a fair and reasonable verdict in favor of the injured plaintiff because they may feel sorry for the defendant who they erroneously believe is without insurance protection. Contact the Palm Springs and Palm Desert personal injury lawyer at Barry Regar A Professional Law Corporation for any legal advice about personal injury cases.

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